Drayton v. Held

Appellate Division of the Supreme Court of New York

Drayton v. Held

61 A.D.2d 826, 402 N.Y.S.2d 788, 1978 N.Y. App. Div. LEXIS 10290

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 23, 1978

StatusPublished

This text of 61 A.D.2d 826 (Drayton v. Held) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Drayton v. Held, 61 A.D.2d 826, 402 N.Y.S.2d 788, 1978 N.Y. App. Div. LEXIS 10290 (N.Y. Ct. App. 1978).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to prohibit the further prosecution of petitioner under Kings County Indictment No. 821-1977 or, in the alternative, to disqualify the respondent Justice from further participation in the event of a retrial. Petition granted to the extent that the retrial should be held before a Justice other than the respondent Held. Proceeding otherwise dismissed on the merits, without costs or disbursements. While what occurred upon the first trial of the indictment must be deplored, the record makes it clear that petitioner was not prejudiced thereby and that the mistrial resulted from the granting of his motion for such relief. Upon the argument of this application, the District Attorney stipulated that, upon the retrial, he would call no witnesses other than those called by him on the first trial, unless the petitioner should call additional alibi witnesses. Damiani, J. P., Suozzi, Rabin and Shapiro, JJ., concur.

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Proceeding pursuant to CPLR article 78 to prohibit the further prosecution of petitioner under Kings County Indictment No. 821-1977 or, in the alternative, to disqualify the respondent Justice from further participation in the event of a retrial. Petition granted to the extent that the retrial should be held before a Justice other than the respondent Held. Proceeding otherwise dismissed on the merits, without costs or disbursements. While what occurred upon the first trial of the indictment must be deplored, the record makes it clear that petitioner was not prejudiced thereby and that the mistrial resulted from the granting of his motion for such relief. Upon the argument of this application, the District Attorney stipulated that, upon the retrial, he would call no witnesses other than those called by him on the first trial, unless the petitioner should call additional alibi witnesses. Damiani, J. P., Suozzi, Rabin and Shapiro, JJ., concur.

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Bluebook (online)

61 A.D.2d 826, 402 N.Y.S.2d 788, 1978 N.Y. App. Div. LEXIS 10290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drayton-v-held-nyappdiv-1978.